Unit 1, P4- Describe the types of alternative dispute resolution (ADR)
Scenario brief: Bob and his wife no longer love each other and after 2 years of separation he
has decided he wants a divorce. He needs advice on what methods are available and has come
to London Solicitors.
*Bob enters London Solicitors*
James (solicitor): Hey there mate, you alright?
Bob: Yeah not too bad. I’ve come here looking for advice, think you can help me out?
James: Yeah not a problem. Take a seat and tell me whatever issue you have and hopefully I
can sort it out for you.
Bob: Ah cheers. Well basically after 15 years of marriage, it seems that I and my wife just
don’t love each other anymore and neither of us can imagine a future together any longer.
We’ve been separated for about two years now and I think it’s only right that we officially
separate through a divorce.
James: Oh right. Well then that’s what I’m here for. I know you’re probably used to seeing
TV shows and movies where divorce cases seem to look quite stressful but don’t worry
they’re not that bad. To be honest you might not even need to go to court. Do you and your
wife have any children and or own a house together?
Bob: Nope we don’t have any children and we’ve never owned a house, rather rented, but
haven’t been living together for over 2 years now.
James: Well that sort of makes things a bit easier as there isn’t really a need here to go court.
Instead what is available is a thing we call ‘alternative dispute resolution’ or ADR for short.
These are ways of solving civil disputes outside of court. There are a few types of ADR so
I’ll run through some of them with you to find out what’s best.
Bob: Ah right, sounds simple.
James: So the first one we should try is ‘negotiation’. Through here you and your wife can
arrange to meet and each try to compromise and reach an agreement. You could even do it
through phone or email and come to a mutual agreement. It’s also the cheapest since you
won’t need any lawyers.
Bob: Oh well, the thing with that is even though me and my wife separated on good terms we
no longer get along with each other so I wouldn’t like that.
James: Completely understand, how about ‘mediation’. Similar to negotiation where you and
your wife decide the outcome but you could call over a mutual friend between the two of you
to act as a ‘neutral mediator’. They can’t suggest an outcome but the setting would be formal,
and could make things smoother.
Bob: It does sound cost effective and all but I’d like a lawyer present with me, I don’t think
I’d feel comfortable without one. Plus we don’t really share any friends so it wouldn’t be
possible.
James: Hmm well I can’t suggest ADR’s such as online dispute resolution, arbitration or
conciliation to you as those are for different fields of disputes. Although this will cost you
some money, the only thing left available would be to go through a tribunal.
Bob: You mean court?
James: Well they’re similar to how a court would work. We call them mini specialist courts.
They’re good for cases involving immigration, employment etc. and even divorces. There is
usually a hearing in front of a panel of three one of which a legal expert and the other 2
being experts in the specific ‘field’ so perhaps a relationship councillor or something like that.
You could even choose to bring a lawyer with you and it’s much cheaper and quicker than a
normal court. There is however a lack of funding that may be available but hopefully you’ll
be able to afford it.
Bob: That definitely does sound good and a lot less daunting than a normal court. Looks like
Scenario brief: Bob and his wife no longer love each other and after 2 years of separation he
has decided he wants a divorce. He needs advice on what methods are available and has come
to London Solicitors.
*Bob enters London Solicitors*
James (solicitor): Hey there mate, you alright?
Bob: Yeah not too bad. I’ve come here looking for advice, think you can help me out?
James: Yeah not a problem. Take a seat and tell me whatever issue you have and hopefully I
can sort it out for you.
Bob: Ah cheers. Well basically after 15 years of marriage, it seems that I and my wife just
don’t love each other anymore and neither of us can imagine a future together any longer.
We’ve been separated for about two years now and I think it’s only right that we officially
separate through a divorce.
James: Oh right. Well then that’s what I’m here for. I know you’re probably used to seeing
TV shows and movies where divorce cases seem to look quite stressful but don’t worry
they’re not that bad. To be honest you might not even need to go to court. Do you and your
wife have any children and or own a house together?
Bob: Nope we don’t have any children and we’ve never owned a house, rather rented, but
haven’t been living together for over 2 years now.
James: Well that sort of makes things a bit easier as there isn’t really a need here to go court.
Instead what is available is a thing we call ‘alternative dispute resolution’ or ADR for short.
These are ways of solving civil disputes outside of court. There are a few types of ADR so
I’ll run through some of them with you to find out what’s best.
Bob: Ah right, sounds simple.
James: So the first one we should try is ‘negotiation’. Through here you and your wife can
arrange to meet and each try to compromise and reach an agreement. You could even do it
through phone or email and come to a mutual agreement. It’s also the cheapest since you
won’t need any lawyers.
Bob: Oh well, the thing with that is even though me and my wife separated on good terms we
no longer get along with each other so I wouldn’t like that.
James: Completely understand, how about ‘mediation’. Similar to negotiation where you and
your wife decide the outcome but you could call over a mutual friend between the two of you
to act as a ‘neutral mediator’. They can’t suggest an outcome but the setting would be formal,
and could make things smoother.
Bob: It does sound cost effective and all but I’d like a lawyer present with me, I don’t think
I’d feel comfortable without one. Plus we don’t really share any friends so it wouldn’t be
possible.
James: Hmm well I can’t suggest ADR’s such as online dispute resolution, arbitration or
conciliation to you as those are for different fields of disputes. Although this will cost you
some money, the only thing left available would be to go through a tribunal.
Bob: You mean court?
James: Well they’re similar to how a court would work. We call them mini specialist courts.
They’re good for cases involving immigration, employment etc. and even divorces. There is
usually a hearing in front of a panel of three one of which a legal expert and the other 2
being experts in the specific ‘field’ so perhaps a relationship councillor or something like that.
You could even choose to bring a lawyer with you and it’s much cheaper and quicker than a
normal court. There is however a lack of funding that may be available but hopefully you’ll
be able to afford it.
Bob: That definitely does sound good and a lot less daunting than a normal court. Looks like
